Citation Nr: 21012942 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 14-06 436 DATE: March 8, 2021 REMANDED Entitlement to service connection for irritable bowel syndrome (IBS) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1968 to March 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. The Board remanded the matter for further development in November 2015, September 2019, and September 2020. The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in May 2015. A transcript of the hearing is of record. Entitlement to service connection for IBS is remanded. The Board sincerely regrets the delay in issuing a decision in this matter, but finds that another remand is necessary to ensure substantial compliance with its prior remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). In its September 2020 remand, the Board instructed the agency of original jurisdiction (AOJ) to contact the U.S. Marine Forces Reserve headquarters in New Orleans, Louisiana and request any medical records associated with the Veteran’s reserve service from March 1970 to May 1974. That was not accomplished. Instead, a letter was sent to the Veteran in October 2020 requesting him to fill out the National Archives and Records Administration (NARA) Standard Form 180, which was enclosed with the letter. The letter states that in order for VA to obtain the records, he must fill out, sign, and return the form. As with any service department records and other Federal records, there is no need for the Veteran to fill out such a form in order for VA to obtain them on his behalf. On remand, the AOJ must contact the U.S. Marine Forces Reserve headquarters and request the aforementioned records. Any negative response received must be associated with the file. In addition, and significantly, the December 2020 VA medical opinion does not address the Veteran’s statements regarding the history of his IBS, as instructed in the Board’s prior remands. Accordingly, an addendum to the opinion must be obtained that complies with that directive. The Board notes that the Veteran did not respond to an October 2020 letter from VA requesting him to authorize the release of his treatment records from Dr. Rosenfield, the University of Massachusetts Memorial Hospital (Hahnemann Campus), Dr. Constantine, and any other private treatment records pertaining to his IBS, or to submit the records himself. On remand, he should be provided another opportunity to submit or authorize the release of these records, as they might aid in making an informed decision on the claim. The matters are REMANDED for the following action: 1. Make further efforts to obtain treatment records associated with the Veteran’s service in the Marine Corps Reserve from March 1970 to May 1974, including any periodic examination reports. Such efforts must include a request to the Marine Forces Reserve headquarters in New Orleans, Louisiana. As discussed in the body of this remand, there appears no need for the Veteran to fill out a NARA Form SF-180 in order to request the records. Therefore, the request should be made without asking the Veteran to fill out that form. If the records cannot be located, or do not exist, a response to that effect must be obtained and associated with the file. The Veteran must also be informed that VA was unable to obtain the records, and provided an opportunity to submit any such records in his possession. 2. Request the Veteran to authorize the release of his private treatment records from Dr. Rosenfield, Dr. Constantine, the University of Massachusetts Memorial Hospital (Hahnemann Campus), and any other private treatment records pertaining to his IBS. He should also be invited to submit the records himself. Appropriate efforts must be made to obtain these records if he has provided the necessary authorization. 3. Then, obtain an addendum to the December 2020 VA medical opinion on the issue of whether it is at least as likely as not (50 percent probability or more) that the Veteran’s IBS was incurred in, or is otherwise related to, his active service. The entire claims file and a copy of this REMAND must be made available to the examiner rendering the opinion. In the addendum, the examiner must address the Veteran’s lay statements concerning the history of his gastrointestinal symptoms. In particular, the examiner must consider his statement that he first started experiencing IBS symptoms in service which have continued ever since that time, as reflected in his testimony at the May 2015 Board hearing. 4. The AOJ should ensure that there has been substantial compliance with the above directives before returning the case to the Board. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Rutkin, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.